PROP 36 DISMISSALS

PENAL CODE 1210.1 – PROP 36 DRUG TREATMENT

Any person convicted of a nonviolent drug possession offense shall receive probation.  As a condition of probation, the court shall require participation in and completion of an appropriate drug treatment and testing program.  A court may not impose incarceration as an additional condition of probation.  The trial court is not limited in the type of probation conditions it may impose.  Any person who is convicted of, and placed on probation for a nonviolent drug possession offense shall be monitored by the court that includes close collaboration with treatment providers and probation, drug testing commensurate with treatment needs, and supervision of progress through review hearings.

LENGTH OF PROP 36

Drug treatment services provided as a condition of probation may not exceed 12 months, unless the court makes a finding supported by the record, that the continuation of treatment services beyond 12 months is necessary for drug treatment to be successful.  If that finding is made, the court may order up to two six-month extensions of treatment services.  

FAILURE TO COMPLETE PROP36

If at any point during the course of drug treatment the treatment provider notifies the probation department and the court that the defendant is unamenable to drug treatment, the probation department may move to revoke probation.  If probation is revoked, the defendant may be incarcerated pursuant to otherwise applicable law.  The court may modify or revoke probation if the alleged violation is proved.

PROP 36 DISMISSAL OF CHARGES

At any time after completion of drug treatment and the terms of probation, the court shall conduct a hearing, and if the court finds that the person successfully completed drug treatment, and substantially complied with the conditions of probation, including refraining from the use of drugs, the conviction on which the probation was based shall be set aside and the court shall dismiss the indictment, complaint, or information against the person.  

BENEFIT OF PROP 36 DISMISSAL

If the case is dismissed, both the arrest and the conviction shall be deemed never to have occurred.  The person may additionally petition the court for a dismissal of charges at any time after completion of the prescribed course of drug treatment.  The person shall thereafter be released from all penalties and disabilities resulting from the offense of which he or she has been convicted.  After an indictment, complaint, or information is dismissed, the person may in most circumstances indicate in response to any question concerning his or her prior criminal record that he or she was not arrested or convicted for the offense.  A record pertaining to an arrest or conviction resulting in successful completion of a drug treatment program under this section may not, without the defendant’s consent, be used in any way that could result in the denial of any employment, benefit, license, or certificate.

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